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(영문) 서울중앙지방법원 2013.11.21 2013고단4900

무고

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On October 18, 2013, the Defendant was sentenced to six months of imprisonment with prison labor at the Seoul Central District Court for the evasion of compulsory execution, etc., and the judgment became final and conclusive on November 11, 2013.

The Defendant operated a bath in the name of “D Co., Ltd.” on the first floor of Seoul Gangnam-gu Seoul Building, but the Defendant was in dispute with E and other service providers, who run a store in a bath because the Defendant did not pay building rents, electricity charges, etc., and was not in dispute with the service providers, and the fact was notified on April 21, 2012 that the Defendant transferred the bath to E and other service providers around 18:30, and that F would recognize only a part of the deposit of E and others service providers, by asserting that E and others would be recognized as only a part of the deposit of E, etc., on the ground that E and others expressed that E and others would make a bath, and that there was no physical contact between the Defendant and E.

Nevertheless, on June 5, 2012, the Defendant prepared a false complaint to the Seocho-gu Seoul Seocho-gu Certified Judicial Scriveners Office stating that “E, the Defendant, at Dr. Dr. D. on April 21, 2012, he/she laid off A’s head debt, the complainant, who is the Defendant’s complaint, in the Dr. D. D. D. on April 21, 2012, and followed the right development of the complainant with the left side, thereby cutting off A’s head debt.” On June 5, 2012, the Defendant submitted it to the Seocho-gu Police Station on June 5, 2012, submitted it to the Seocho-gu Police Station on the same day, and stated that he/she punished E,

Accordingly, the defendant filed a false accusation for the purpose of criminal punishment against E, and made a false accusation against E.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and G;

1. Complaints of the accused;

1. Investigation report (Evidence No. 8), case search by the Supreme Court, Seoul Central District Court Decision 2013No2365 Decided the Supreme Court

1. Article 156 of the Criminal Act applicable to the crimes;

1. The false complaint against concurrent crimes filed in both the latter part of Article 37 and Article 39(1) of the Criminal Act;